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CONSENT AND RELEASE AGREEMENT In exchange for promotional consideration, receipt of which is hereby acknowledged and intending to be legally bound, I hereby irrevocably grant, transfer and convey to GettingSmashed.com, its affiliates and licensees, the unlimited and unconditional right to use the enclosed material (collectively "Material) in any and all formats, now known or hereafter developed. The rights hereby granted to GettingSmashed.com include the perpetual, exclusive and unencumbered right to use, edit, reproduce, publicly and privately perform, distribute, telecast, publish, promote, market and otherwise exhibit the Material, and any derivatives thereof, worldwide, including excerpts, in any and all forms of media, now known or hereafter devised including, but not limited to, cell phones, the internet, broadcast, non-broadcast television, pay, cable and network television, satellite and close-circuit transmission, in-flight video, home entertainment in current and future formats, and printed transcripts. I hereby represent that I have obtained copies of release and consent forms from all individuals portrayed and performing in the Material which would allow me to grant to GettingSmashed.com all rights set forth herein. I further represent that the rights granted to GettingSmashed.com herein shall not infringe on any rights of any third party including, but not limited to, any copyright, trademark rights of any other intellectual property rights and that in the event that any copyright, trademark materials or other intellectual property rights are used and/or portrayed in the Material, I have obtained all necessary consents and releases from such copyright, trademark holders and other intellectual property rights which allow the actual or threatened, unrestricted use of those materials in the Material. I agree to Furnish copies of such consents and releases to GettingSmashed.com upon request. I hereby agree to defend, indemnify and hold GettingSmashed.com and its officers, directors and employees harmless from and against all damages, liabilities, costs and expenses (including reasonable attorneys' fees) arising out of or connected any actual or threatened lawsuit, claim or legal proceeding relating in any manner to the possession, distribution or use of the Materials by GettingSmashed.com. I further agree to release GettingSmashed.com and its successors, assigns, affiliates, officers, directors and employees from any claim or cause of action, whether now known or unknown, relating in any manner to the Materials including, but not limited to: (I) defamation, invasion of right to privacy, publicity or personality or any similar matter, (ii) any liability based on any use of the Material, or as a result of any exhibition, telecast, display, performance or distribution of the Material or any portion thereof; and (iii) any claim for consideration or compensation for the Material or the rights granted hereunder. I waive any right to inspect or approve uses of the Material. I also waive any "moral rights" I may have in the Material. In addition, GettingSmashed shall not be responsible for any third-party fees including, without limitation, broker's, agent's or guild fees and /or commissions, in connection with this Agreement. This Agreement shall be construed and controlled by the laws of the Province of Ontario without regard to conflicts of laws and principles. I have the full right and legal capacity to sign this Consent and Release Agreement. I have read this Consent and Release Agreement prior to signing it and I understand its contents.
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